Owners, managers and food works need to make sure ingredients added to food are Generally Recognized as Safe (GRAS).

In this section

• What you need to know
• Types of unapproved food additives
• Labels
• Warning statement
• Confusion
• What makes these ingredients unapproved
• What you can do

Factors to consider

If you are planning to use an unconventional ingredient in any of your food or drink, you need to consider if those ingredients are:

• Considered generally safe to add to foods or drink
• If the ingredient might be mislabel
• If the ingredient has a warning statement

Guidance

We have guidance to help you figure out which ingredients you should not use in food and drink you prepare.

After reviewing this guidance, If you still want to use an unconventional ingredient, reach out to your health inspector.

Dietary supplements

• 5-HTP, GABA, Ginko Biloba
• Vitamins and minerals are not allowed as food ingredients at the retail level
• Herbs, spices or plant parts not listed in 21 CFP Part 172 Subpart F or without a GRAS status from the FDA, such as
• Ashwagandha, rhodiola rosea, blue lotus

Other unapproved ingredients

• Kava in powdered form
  Tthis is a dietary supplement.
• Cannabinoids such as THC and CBD
• Synthetic cannabinoids such as delta-8, HHC, etc.
• Kratom (mitragynine and 7-hydroxymitragynine)
  The FDA has no approvd uses for kratom.

There are two types of labels:

• Nutrition labels
• Supplement labels

The difference between the labels is:

• Any product with a nutrition label, you can use.
• Any product with a supplement label you cannot use.

If a product has a warning statement

Conventional foods and beverages should not come with a warning statement.

• If a product has a warning statement, you might not be allowed to add the ingredient to food or drink. Warning statements commonly apply to:
  • Children
  • Pregnant or breastfeeding women
• An exception is caffeine warning labels. These labels are voluntarily provided by some companies.

Common statements

Common statements you may see on a warning label:

• Keep out of reach of children.
• Consult your physician if you are pregnant or breastfeeding.
• Consult your physician if you are taking any prescription medication.

Home use only

Many products can be purchased in stores or online. They are not approved food additives or food ingredients in a retail food setting.

Most supplements are for personal use only.

Mislabeled

Know that some products are mislabeled. Mislabeled products are found both online and in brick and mortar stores.

If a product has a supplement label it cannot be added to food in a retail setting.

Sometimes, supplements are mislabeled as a food product and have a nutrition label. Supplements should have a supplement label.

Deceptive labeling

If a label states, “food grade,” it does not necessarily mean that ingredient is an approved additive.

For example, activated charcoal is an unapproved food additive.

Ingredient descriptions

Sometimes the words used to describe an ingredient will tell you it is probably not an approved food additive. Some words to watch for are:

• Adaptogen
• Nootropic
• Functional food

Supplements are largely unregulated. This results in little to no oversight of supplements.

Due to the lack of oversight, you cannot determine if a supplement is from an approved source.

Many supplements are not well understood. They:

• May react with certain medications
• Cause potentially life-threatening conditions

Read labels

• Products you add to food and drinks should have a nutrition label.
• If you have questions about food additives or ingredients, reach out to your health inspector. They will give you more guidance.

Pay attention to warning labels

• If a nutrition label also has a warning statement, it may not be approved for use in foods and drinks in a retail setting.